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THE NUTCRACKER
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

In consideration of participating in audition for Center Dancer LLC, including but not limited to performances, ballet technique classes, private lessons, variation classes, strength training classes, pointe classes, partnering classes, rehearsals, and any type of private coaching activities (hereinafter referred to as the “Audition”), I, and if I am not yet 18 years old, my parents or legal guardians, agree to be bound as follows (the terms “I”, “me” and “my” in this release refer to both the participant and his/her parents or legal guardians):

1. Representation of Ability to Participate. I understand the nature of this Audition and I represent that I am qualified, in good health, and in proper physical condition to participate in the Audition. Should I ever believe that any of the above representations have become untrue, or if I should ever believe that the Audition is not safe or is no longer safe for me, I assume the responsibility to immediately discontinue participation in the Audition.

2. Acknowledgment and Assumption of Risks. I understand that the Audition involves risks of serious bodily injury, which may be caused by my own actions or inactions, those of others participating in the Audition, the conditions in which the Audition takes place, or the negligence of the “Released Parties” named below, or other causes. I further understand that there may be other risks either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks and all responsibility for losses, cost and damages that may result from the Audition.

3. Waiver of Liability Relating to Coronavirus/COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Audition and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I fully accept and assume all such risks and all responsibility for losses, cost and damages that may result from the Audition.

4. Release. I hereby release, acquit, covenant not to sue Center Dancer LLC and its, administrators, employees, agents, volunteers, sponsors, advertisers, coaches and supervisors, and the owners or lessors of any facilities within which the Audition is conducted, their representative agents and employees and all other persons providing facilities or assisting in the conduct of the Audition (collectively the “Released Parties”) of and from any and all actions, causes of action, claims, demands, liability, losses or damages of whatever name or nature, including but not limited to those arising from or in any way related to the negligence of any of the Released Parties, that arise out of or are connected in any way to my participation in the Audition (collectively the “Released Claims”).

5. Indemnification. I will defend, indemnify and hold harmless the Released Parties from (that is, to reimburse and be responsible for) any loss or damage, including but not limited to costs and reasonable attorney’s fees (including the cost of any claim I might make or that might be made on my behalf that is released in this document), arising out of or connected in any way with any of the Released Claims.

 

I HAVE READ AND UNDERSTOOD THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, REPRESENTATION OF ABILITY TO PARTICIPATE, RELEASE AND INDEMNIFICATION.